Pesticides, Commercial Chemicals, and Toxics
Wiley Rein is at the forefront of law firms representing clients in addressing the legal, regulatory, and economic issues arising under pesticide and food safety laws. Our attorneys represent and counsel the major trade association of agricultural chemical manufacturers, task forces of manufacturers that are jointly responding to regulatory challenges, and individual manufacturers, distributors and retailers.
We routinely handle matters arising under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), the Food Quality Protection Act (FQPA), the Federal Food, Drug, and Cosmetic Act (FFDCA), hazard communication and right-to-know statutes (e.g., Emergency Planning and Community Right-to-Know Act (EPCRA) and California’s “Prop 65”), the Occupational Safety and Health Act (OSHA), hazardous materials transportation statutes, the Consumer Products Safety Act (CPSA), the Clean Air Act (CAA) (including Title VI, which regulates the production and use of ozone-depleting substances and their chemical substitutes), the Clean Water Act (CWA), and European requirements (Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH), Restriction of Hazardous Substances Directive (RoHS), and various EU directives). In addition, because of our team’s broad experience, we are directly involved in challenges relating to regulation under these programs and their interactions with the Endangered Species Act (ESA) and related statutes.
Under FIFRA, we assist clients with re-registration and registration review matters, import and export issues, data compensation disputes (representing both claimants and respondents), enforcement actions, and ESA challenges to U.S. Environmental Protection Agency (EPA) actions. We routinely document product and business line transfers and cost-sharing arrangements. We also counsel companies on product development strategies, compliance with EPA and U.S. Food and Drug Administration (FDA) advertising regulations, and virtually all areas of law involving the manufacture, marketing, and use of commercial chemicals and toxic substances including product development, testing, approval, labeling, right-to-know obligations, transportation, maintenance, and defense. We work at the national, state, and international levels.
Our team offers unrivaled experience on cutting-edge issues surrounding the interface between the various statutes under which challenges in these areas arise, along with copyright and patent law. For example, partner Tracy Heinzman is one of the nation’s leading authorities on the regulation of ozone depleting fumigants under the CAA, and partner David B. Weinberg has successfully handled (and is handling) a number of precedential suits challenging pesticide registrations under the ESA.
Representative Recent Experience
- Representing the principal trade association of agricultural chemical manufacturers as intervenors in litigation in Washington and California challenging EPA’s compliance with the ESA, and supporting the association’s regulatory activities in related areas. Obtained in April 2013 a decision from U.S. District Court for the Northern District of California dismissing on jurisdictional grounds the “mega case” challenging EPA’s registration of over 300 pesticides in alleged violation of the ESA; in February 2013 a decision from the U.S. Court of Appeals for the Fourth Circuit vacating the first “biological opinion” prepared by the National Marine Fisheries Service evaluating the potential impacts of pesticide use on salmon in California and the Pacific Northwest; and in 2010 a decision from the U.S. Court of Appeals for the Ninth Circuit limiting the basis which environmental activists may challenge pesticide registrations on health, safety, and environmental protection grounds. Currently litigating in the U.S. Court of Appeals for the Ninth Circuit, on behalf of one of the world’s largest agrichemical companies, ESA-based challenges to EPA registration of novel pesticides to be employed on genetically-modified corn and soybean seed.
- Obtained a decision from the U.S. Court of Appeals for the Fourth Circuit establishing jurisdiction for challenging “biological opinions” regarding pesticides issued under the ESA.
- Successfully defended on behalf of industry stakeholders EPA regulations allocating methyl bromide allowances under the CAA.
- Successfully represented a task force of pesticide registrants in a data compensation dispute with another company and counseled several companies about data compensation obligations. (Our team has handled dozens of these disputes.)
- Currently serving as primary outside regulatory counsel to numerous pesticide and consumer products companies.
- Currently representing a consortium of manufacturers and distributors in negotiations with EPA on the re-registration of soil fumigants.
|Tracy Heinzman||Partnerfirstname.lastname@example.org||Download vCard|
|Joseph S. Kakesh||Of Counselemail@example.com||Download vCard|
|Saskia Mooney||Senior Regulatory Analystfirstname.lastname@example.org||Download vCard|
|P. Nicholas Peterson||Of Counselemail@example.com||Download vCard|
|Steven Richardson||Partnerfirstname.lastname@example.org||Download vCard|
|David B. Weinberg||Partneremail@example.com||Download vCard|
News & Insights
News & Insights
- July 8, 2016 | ArticleLaw360
- October 16, 2015 | ArticleLaw360
- October 15, 2015 | ArticleLaw360
- 2014 | ArticleLitigating Counterfeit Parts Risk: What EPA’s Buy American Checklist Can Teach DOD43 PUB. CONTR. L.J. 507
- August 15, 2014 | ArticleThe Return of Sweet Home in Texas Whooping Crane Case a Sign That ESA Issues Will Be Back Before the U.S. Supreme CourtThe Water Report, Issue #126
- May 23, 2014 | ArticleBloomberg BNA's Daily Environment Report
- February 4, 2014 | Article
- December 12, 2013 | ArticleBloomberg BNA's Occupational Safety & Health Reporter
- April 23, 2013 | Press Release
- April 11, 2013 | ArticleBloomberg BNA's Daily Environment Report
- April 8, 2013 | ArticleBloomberg BNA
- March 1, 2013 | Press Release
- November 1, 2012 | Press Release
- August 1, 2012 | Media MentionE&E Reporter
- June 8, 2012 | Press ReleaseChambers USA Ranks David B. Weinberg Among the Best Environmental Lawyers in Washington, DC for Six Years in a Row
- May 8, 2012 | Media MentionBatteries International
- November 1, 2011 | Press Release
- August 30, 2011 | Press Release
- August 30, 2011 | Denver, CO | EventACS National Meeting: The Endangered Species Act & Pesticide Regulation: Scientific and Process Improvements
- June 27, 2011 | Orlando, FL | EventAn International and U.S. Regulatory and Legislative UpdateEnergy Battery Group Annual Meeting
- June 10, 2011 | Press Release
- May 26, 2011 | Barcelona | EventU.S. Lead Battery Developments UpdateEUROBAT Annual Meeting
- March 4, 2011 | Media MentionEnvironment & Safety Practice Chair David Weinberg Discusses Fourth Circuit Win in Pesticides Case with BNABNA's Daily Environmental Reporter
- March 2, 2011 | Press Release
- February 25, 2011 | Media MentionLaw360
- September 15, 2010 | Press ReleaseU.S. News & World Report and "Best Lawyers" Rate Seven Wiley Rein Practices among the Nation's and Region's Best
- August 4, 2010 | Press Release
- January 27, 2010 | Press Release
- January 20, 2010 | Press Release
- September 14, 2009 | Press Release
- June 12, 2009 | Press Release
- February 20, 2009 | Press Release
- December 31, 2008 | Press Release
- November 11, 2008 | Press Release
- June 18, 2008 | Press ReleaseChambers USA Names Wiley Rein's Environment & Safety Practice Chair David B. Weinberg a "Leading Lawyer"
- May 20, 2008 | Press Release
- February 28, 2008 | Press Release
- January 22, 2008 | Press Release
- June 20, 2007 | Press ReleaseWiley Rein’s Chemicals, Safety & Environment Practice Chair David Weinberg Recognized as a "Leading Lawyer"
- February 23, 2007 | Press Release
- December 29, 2006 | Press Release
- August 30, 2006 | Press ReleaseWiley Rein & Fielding Secures Dismissal of Lawsuit against Methyl Bromide Producers for “Critical Use” of Pesticide
- February 17, 2006 | Press Release
- March 7, 2005 | Press Release
- February 1, 2005 | Press Release